Date of public hearing on zoning change in East Utica voted down

After advisement by the council's Attorney Anthony Garramone to vote down the improperly worded legislation, the Utica Common Council on Monday unanimously voted, 9-0, against having a public hearing on April 16 for the proposed auto overlay zone that would affect properties between Welshbush Road and Allen Street on Culver Avenue.

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Uticaod

Posted Apr. 7, 2014 at 7:13 PM
Updated Apr 7, 2014 at 7:30 PM

Posted Apr. 7, 2014 at 7:13 PM
Updated Apr 7, 2014 at 7:30 PM

Several Common Council members spoke passionately Monday evening over decisions on a public hearing regarding a zoning adjustment in East Utica.

“You’re telling (the concerned residents) that they’ll be here two more times. This is inappropriate,” Councilman Joseph Marino, D-4, said. “It was snuck on here by someone; I don’t know who.”

After advisement by the council’s Attorney Anthony Garramone to vote down the improperly worded legislation, the Utica Common Council unanimously voted, 9-0, against having a public hearing on April 16 for the proposed auto overlay zone that would affect properties between Welshbush Road and Allen Street on Culver Avenue.

Garramone said the legislation did not follow the city’s statute.

“A public hearing in zoning requires notice to everyone concerned not less than 10 days and no more than 21 days,” he said.

The legislation before the council Monday would give the public less than 10 days notice.

The improper date was because last week’s meeting — where it was supposed to be discussed —was canceled due to a power outage at City Hall.

Councilman Jack LoMedico, D-at-Large, argued another public hearing could be beneficial.

“Don’t we want to get as much public comment on it as possible, so we can make a real decision?” he said.

Concerned residents also were given the opportunity to speak, which typically does not occur during a special meeting.

The zoning states that that an auto overlay district "...shall not be independently mapped on the City Zoning Map, but shall be overlaid upon an existing commercial or industrial zoning district that is found to be appropriate for such treatment."

The proposal would put the overlay on two vacant lots and one single-family home located in a single-family medium density area.

Other residents felt enough public comment has been made.

"I've been here already four times," concerned resident Robert Peck said. "I believe we've already had enough time for people to come and express their views."